Wine Law

industry and trade of ethyl alcohol and alcoholic species, which have sales of more than 100,000 Tax Units during its last fiscal year, which must be invested in science, technology and innovation 39 . III. Wine in the World of Trademark Law In Venezuela, trademarks are regulated by the Law on Industrial Property of 1956 40 , the purpose of which is to govern “the rights of inventors, discoverers and introducers over creations, inventions or discoveries related to the industry; and those of the producers, manufacturers or merchants on the phrases or special signs they adopt to distinguish the results of their work or activity from similar ones” (Art. 1). This Law was not applied during the period in which the Andean Community’s common regime on industrial property, regulated by Decision 486 41 , was in force in Venezuela. In effect, as provided in the Treaty Establishing the Court of Justice of the Andean Community, modified by the Protocol of Cochabamba 42 , Community rules enjoy supra-nationality, a characteristic manifested through their direct application and their pre-eminence. Thus, Decision 486 displaced, without derogating it, the Venezuelan Law. However, when Venezuela denounced the Cartagena Agreement in 2006 43 , Decision 486 lost its validity, and the issue of industrial property suffered a setback to the 1956 rules. Let us bear in mind that, in the application of Article 135 of the Agreement, after the denunciation of that treaty, only the commercial liberation program in the Andean economic zone would be maintained for five years. The other duties and rights would lose force immediately. In this sense, the Autonomous Service of Intellectual Property (SAPI, by its acronym in Spanish) 44 , the competent body for trademark registration, issued a decision on 5 November 2008, in which Gazette Nor. 6.507, 29 January 2020) opens the possibility of an over rate between 5% and 25% when the good is sold in foreign currency or with any cryptocurrency not authorised by the Central Bank of Venezuela. 39 Organic Law on Science, Technology and Innovation, Special Official Gazette No. 6.151, 18 November 2014. 40 Official Gazette No. 25.227, 10 December 1956. 41 Approved in Lima on 14 September 2000, Official Gazette of the Cartagena Agreement, Year XVII, No. 600, 19 September 2000. This Decision was complemented by the Decision 865, approved in Lima, on 13 August 2008, Official Gazette of the Cartagena Agreement, Year XXV, No. 1646, 15 August 2008. 42 Special Official Gazette No. 5.187, 5 December 1997. 43 Source: http://www.comunidadandina.org/Prensa.aspx?id=1903&accion=detalle&cat=NP&title=secretaria- general-de-la-can-recibio-comunicacion-oficial-de-retiro-de-venezuela. 44 SAPI was created by Decree Np. 1.768, 25 March 1997, Official Gazette No. 36.192, 24 April 1997.